112 Ga. 814 | Ga. | 1901
The record discloses that W. M. Walton executed and delivered to Maurice Walton an order addressed to the John P. King Manufacturing Company, the body of which read as follows: “Please pay Maurice Walton or order the amount you are due me in full, and oblige.” Before anything had been paid on this order, P. D. Horkan, a creditor of W. M. Walton who had instituted against him an action on account for $126’.18, caused a garnishment to be served upon the Manufacturing Company, requiring it to answer what it was indebted to W. M. Walton. The garnishee answered, admitting an indebtedness of $180.10. Maurice Walton “ interposed a claim to the fund in the hands of said garnishee,” and traversed its answer, “alleging said indebtedness was due to him and not to defendant, by reason of defendant having made'an equitable assignment of the fund to claimant prior to service of the summons of garnishment.” The issue thus made came on to be tried before a jury. The claimant introduced certain testimony, and closed. This testimony was sufficient to establish the following state of facts: On November 30, 1898, the Manufacturing Company gave to W. M. Walton an order for a carload of lumber. He, being already indebted to Maurice Walton about $85, showed bim this order from the company and requested him to advance such additional funds as would be necessary
Judgment reversed.